All contracted community-based residential care (CBRC) providers must:

• (1) maintain a written case record on each child that documents all services provided or obtained for the child while in placement;
• (2) implement and review an individualized treatment plan for each child in placement, with documented input of the child's Child Welfare (CW) county of jurisdiction worker, according to the requirements set forth in the Oklahoma Department of Human Services (OKDHS) contract;
• (3) assume responsibility for basic needs maintenance of each child placed;
• (4) accept responsibility for a reasonable knowledge of the child's whereabouts at all times.
  • (A) When a child:
    • (i) is removed by anyone without authorization;
    • (ii) is taken into custody by law enforcement officials;
    • (iii) runs away; or
    • (iv) otherwise cannot be accounted for, the provider notifies by phone the:
      • (I) CW county of jurisdiction worker;
      • (II) facility CW CBRC liaison; and
      • (III) police.
  • (B) The provider submits a written report to the child's CW county of jurisdiction worker describing the circumstances surrounding the incident and files a copy in the child's case record;
• (5) ensure the child timely receives all needed routine, specialized, and emergency medical care provided by a medical provider who accepts Medicaid payment.
  • (A) Prior consultation and consent from OKDHS, child's parent(s), and the court, when applicable, as set out by Section 1-3-102 of Title 10A of the Oklahoma Statutes, are required for:
    • (i) emergency medical care.  When appropriate OKDHS staff cannot be located and the situation is life-threatening, the provider obtains emergency care and treatment and notifies OKDHS at the earliest possible time; and
    • (ii) any extraordinary medical care and treatment, such as surgery, general anesthesia, blood transfusions, invasive or experimental procedures requires consent of the:
      • (I) child's parent or guardian, when the child is in OKDHS emergency or temporary custody; or
      • (II) court of legal jurisdiction, when the child is in OKDHS emergency or temporary custody, and the treatment is related to the abuse or neglect, or the parent is unavailable or will not consent; or
      • (III) court of jurisdiction, when the child is in OKDHS permanent custody.
  • (B) Prior consultation and consent from OKDHS and the child's parent(s), is not required for routine and ordinary medical care, unless a separate and specific consent for care and treatment is requested from the physician or medical facility.  Refer to OAC 340:75-6-88 Instructions to Staff.  Provision of all medical or dental care is documented in the provider's case record, including notification and attempts of notification in emergencies;
• (6) notify the CW county of jurisdiction worker and the contract liaison of any accidental or non-accidental injuries sustained by the child;
• (7) ensure that the religious and cultural observations of the child comply with OAC 340:75-6-49.
  • (A) The provider arranges transportation to the nearest place of worship of the child's choice.  On-site voluntary religious services are acceptable.
  • (B) Exceptions to this requirement are made for non-funded contracts with faith-based CBRC providers that require the child's and parent(s)' agreement for the child to attend a specific place of worship as a requirement for admission;
• (8) develop and implement written policy and procedures regarding each child's access to legal counsel, court-appointed special advocate (CASA), OKDHS staff, phone, mail, and visitation, per OAC 340:75-11-237 and 340:75-6-30;
• (9) develop and implement written policy and procedures regarding securing and safeguarding each child's property and funds, the disbursement of allowances, and items allowed and not allowed into the placement;
• (10) ensure each child is discharged with all personal items and clothing;
• (11) obtain prior approval from the CW county of jurisdiction worker any time the child travels overnight outside of the county of placement per OAC 340:75-6-89;
• (12) develop and implement written policy and procedures defining situations in which any person, other than family members previously approved by the CW county of jurisdiction worker, may take the child away from the placement on a day pass, not to exceed six hours, without supervision of the provider.  The provider:
  • (A) does not allow a child any overnight visitation, except with peers per OAC 340:75-7-37, without prior planning and documented written approval of the child's CW county of jurisdiction worker.  A home study is:
    • (i) completed on the overnight visitation resource, either by a CW worker in the county where the resource is located or by the contractor when the contractor is a licensed child-placing agency; and
    • (ii) approved by the CW county of jurisdiction worker and supervisor prior to the child's overnight visitation;
  • (B) does not secure any placement without prior planning and documented written approval of the CW county of jurisdiction worker; and
  • (C) when utilizing volunteers, ensures the provider's policy for approval and utilization of volunteers complies with OAC 340:2-35-4;
• (13) develop and implement written policy and procedures that prohibit the utilization of children for commercial purposes;
• (14) submit written reports to the child's CW county of jurisdiction worker describing the child's stay in placement, progress toward meeting identified treatment goals, education, and medical care on a quarterly basis, or more frequently when requested for court hearings, and file a copy of the reports in the child's case record;
• (15) develop and implement written policy and procedures for discipline that comply with OAC 340:75-7-38, and Section 1-7-105 of Title 10A of the Oklahoma Statutes that prohibit the use of solitary confinement, separation programs, use of mechanical restraints, and administration of medicine as discipline.
  • (A) Room restriction may be utilized in the child's own room for a cooling off period not to exceed 60 minutes.
  • (B) The duration of the restriction is specified at the time of the assignment;
• (16) ensure all employees are trained in an approved passive physical restraint curriculum per OAC 340:75-11-237;
• (17) develop and implement written policy and procedures that require the contractor, and all employees of the contractor, having reason to believe any child in placement has been subjected to physical abuse, neglect, or both, to report the matter to the OKDHS Office of Client Advocacy.
  • (A) The provider makes the report to the Office of Client Advocacy the same day of the incident or the next working day when an incident occurs evenings, weekends, or holidays.
  • (B) Failure to report is a criminal misdemeanor offense and upon conviction punishable under 10A O.S. § 1-2-101;
• (18) develop and implement written policy to prohibit:
  • (A) possession of or use of tobacco and tobacco products by children in placement; and
  • (B) use of tobacco or tobacco products by the provider, employees of the provider, or visitors in the presence of children in placement, and designates clearly marked smoking areas outside of the children's placement and treatment areas;
• (19) develop and implement written policy for the resolution of grievances by recipients of the services provided under the contract regarding the substance or application of any written or unwritten policy or rule of the contractor, or any decision, act, or omission of the contractor, or employees or agents of the contractor.  The contractor:
  • (A) utilizes a grievance system in compliance with OAC 340:2-3-45 through 340:2-3-47 and 340:2-3-61 through 340:2-3-64; and
  • (B) submits policy regarding the resolution of grievances, and any subsequent revisions, to the Office of Client Advocacy for approval prior to the placement of any child, per OAC 340:2-3-45;
• (20) develop and implement written policy and procedures pursuant to OAC 340:75-1-120;
• (21) develop and implement written policy and procedures that certify compliance in providing or continuing to provide a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988;
• (22) develop and implement written policy and procedures to maintain strict standards of confidentiality regarding children in placement in compliance with OKDHS requirements regarding the absolute protection, use, and release of personal client information consistent with 10A O.S. § 1-6-107 and OAC 340:75-1-42 through 340:75-1-46, and professional standards.  The contractor agrees to hold confidential all personal information about children served, including lists of names, addresses, photographs, records of evaluation, and all other records about each child;
• (23) submit monthly and annual reports to the Children and Family Services Division (CFSD) CBRC programs manager to provide an overview of the provider's activities.
  • (A) The monthly report includes:
    • (i) information on each child's progress toward goals and objectives;
    • (ii) significant behavior events, including descriptions of delinquent acts committed and the legal and judicial consequences of the delinquent acts committed by each child;
    • (iii) each child's absent without leave (AWOL) days;
    • (iv) total bed days utilized;
    • (v) each child's leave days utilized;
    • (vi) total number of children served during the month, the number of children served who are also adjudicated delinquent, and the total number of children served who are adjudicated delinquent and in the custody of Office of Juvenile Affairs custody;
    • (vii) number of children admitted during the month;
    • (viii) number of children discharged during the month and the reasons for discharges; and
    • (ix) vacancies in contract mandated staffing requirements, and other significant program events.
  • (B) The annual report, due within 60 days after the end of the contract year, includes the information listed in OAC 340:75-11-240(23)(A) for the contract year;
• (24) plan and coordinate each child's discharge with the child's CW county of jurisdiction worker and provide a minimum of 48 hours notice to discharge, except in medical or psychiatric emergencies.  Contractor's recommendation for discharge is approved by the child's CW county of jurisdiction worker prior to the provider's implementation of the discharge plan;
• (25) submit a written discharge summary to the child's CW county of jurisdiction worker within 30 days of discharge and file a copy in the child's case record, including a summary of treatment services, child's progress on treatment goals, reason for discharge, and recommendations for future placements and services for the child's treatment needs;
• (26) ensure all staff comply, as applicable, with the minimum licensing standards defined in the Oklahoma Child Care Services standards for child-placing agencies or OKDHS Publication No. 86-78, Licensing Requirements for Residential Child Care Facilities, or OAC 340:75-11-286;
• (27) ensure all staff comply with the staffing requirements mandated in the contract that are in addition to the minimum staffing requirements in OKDHS Publication No. 86-78.
  • (A) When the provider's actual staffing pattern differs from the requirements set forth in the contract, the provider submits a written plan to the CBRC programs manager that defines the proposed staffing pattern of the contractor and clearly illustrates how each of the staffing functions are provided.
  • (B) The provider's proposed staffing pattern requires written approval of the CBRC programs manager prior to implementation of the provider's proposed staffing pattern;
• (28) fill vacant positions required by the OKDHS contract within 30 days of the position becoming vacant.  The contractor notifies the CBRC programs manager in writing:
  • (A) when contractually required positions are vacant;
  • (B) of updates during the selection process; and
  • (C) of the effective hiring date for these positions;
• (29) develop and implement written policy and procedures regarding corrective discipline for employees;
• (30) notify the CBRC programs manager immediately by phone, and in writing within two business days, of any critical incidents that may have grave consequences, such as:
  • (A) the death of a child or employee caused by murder, suicide, or accident;
  • (B) severe injury to a child as a result of abuse, neglect, or maltreatment by a service provider, employee, or another child;
  • (C) misappropriation of state or federal funds by an employee of a private or public service agency that receives these funds;
  • (D) a violent crime committed by a child against another person; or
  • (E) any event that occurs in the facility that gains or is likely to gain media attention;
• (31) provide 60-day notice to the local school board prior to the opening of the facility per 70 O.S. § 1-113, when required by terms of the OKDHS contract to provide an on-site educational program; and
• (32) maintain a current Life Book, in a format separate from the provider's case record, for each child placed, regardless of the child's age that documents the child's stay in care and provides continuity throughout the child's life, per OAC 340:75-7-37.  The provider:
  • (A) when the child's Life Book is not provided by the CW county of jurisdiction worker, initiates and maintains a Life Book with current information about the child while in placement including, but not limited to:
    • (i) placement name and address;
    • (ii) date of admission and discharge;
    • (iii) educational history;
    • (iv) medical history;
    • (v) awards and achievements;
    • (vi) photographs; and
    • (vii) family information; and
  • (B) gives the Life Book to the child and CW county of jurisdiction worker when the child is discharged.